"My
son has ADD. Our doctor told us to request special education services
from the school. When we made this request, the school said he is passing
so he is not eligible for special ed. I am confused!"
Many readers write to ask if children with disabilities, including children
with ADD/ADHD, are eligible for special education services. For
many, the answer is a clear "Yes!" For others, the answer is a clear "No!"

This is why we tell parents and educators that "YOU
need to read the law for yourself – you may need to read it several times
– until YOU understand what the law says and does not say. Do not rely
on someone else’s interpretation of the law – you will often be misinformed
or misled."

If a child has a disability and needs special education services, the child is eligible for special education services under IDEA. How do you know if a child needs special education and related services? Does the child's disability adversely affect educational performance? How?

Passing Grades

Although school personnel told the parent that her child is not eligible because the child was "passing," this is incorrect. Children who receive passing grades and advance from grade to grade can be eligible for special education. The IDEA regulations clarify that schools must offer a free appropriate public education to any child with a disability who needs special education, "even though the child has not failed or been retained in a course or grade, and is advancing from grade to grade." (see IDEA Regulation 300.101, page 204 of Wrightslaw: Special Education Law)

Children with Other Health Impairment & Learning Disabilities

Most children who have ADD/ADHD are found eligible under the "Other Health Impairment" or "Specific Learning Disabilities" categories.

Schools often tell parents that they are not required to provide special education services to children who have dyslexia. Is this true? Open Wrightslaw: Special Education Law, 2nd Edition and turn to page 55. Scroll down to (30) Specific Learning Disability.

Under (30) Specific Learning Disability is (B) Disorders Included.

Do you see "dyslexia" listed? Yep! It's right after minimal brain dysfunction, the term used in the 1970's term for what we now refer to as "Attention Deficit Disorder." In fact, "dyslexia" has always been listed as a specific learning disability in the law.

Do you see why we tell parents and teachers that they must learn how to find answers to their question in the law - and not rely on what others tell them?

Eligibility of Children who May Have Specific Learning Disabilites

When Congress reauthorized the IDEA in 2004, they changed the requirements for eligibility and evaluations of children who may have specific learning disabilities. Schools "shall not be required to take into consideration whether a child has a severe discrepancy between achievement and intellectual ability ..." to find a child eligible for special education services. (Wrightslaw: Special Education Law, 2nd Edition, page 21, page 95-98, 240-245).

In 1991, in response to the fact that schools were denying special education services to children with ADD/ADHD, the the Office of Special Education and Rehabilitative Services, Office for Civil Rights, and Office Office of Elementary and Secondary Education took an unusual step. They published a Joint
Memorandum about Services to Children with ADD/ADHD. Print and read this Memorandum. It answers many questions about eligibility under IDEA,
and clarifies the school's responsibility to provide services under IDEA or Section
504 of the Rehabilitation Act.

If you are having a disagreement or dispute with the school about eligibility, print several copies of this Memorandum and provide them to your school team. Most members will not be aware of the Memorandum. Administrators are more likely to be aware of it. If your team members have copies, you make it easier for the team to realize what their responsibilities are under the law.

This Memorandum was published by the Office of Civil Rights in 1992. It clarifies that schools
must evaluatechildren who are suspected of having a disability, including ADD, after a request from the parent:

"Under
Section 504, if parents believe their child has a disability, whether
by ADD or any other impairment, and the LEA has reason to believe the
child needs special education or related services, the LEA must evaluate
the child to determine whether he or she is disabled as defined by
Section 504 . . ."

If you are having a disagreement or dispute with the school about the requirement to evaluate your child who may have a disability, be sure to read OCR
Memorandum: Evaluation of Children Who May Have ADD/ADHD. Print several copies for members of your school team - most have probably never seen the Memorandum.

Use Wrightslaw as Part of Your Self Study Program

You will
find dozens of articles, cases, references and other info about ADD/ADHD,
other disabilities, IEPs, discipline, and parent advocacy on the Wrightslaw
site. Where can you find this information?

Search!
Every page has a search box.To
find answers to your questions, type in terms that describe your question. If you want more information about eligibility of a child with ADD/ADHD,
type in "Eligibility" and "Attention Deficit
Disorder." A recent search using these terms brought up several articles, including: